How do I Dispute a National Guild Of Removers and Storers Ltd Court Claim
Posted on 3rd December 2013 at 09:56
How to dispute a court claim against the National Guild of removers and storers is quite simple.
Even if ngrs or the Guild have already got a judgment against you, by default, because your defence was not submitted in time, for a good reason, you can still apply to the court to have the Judgment Set Aside.
There is a form to do this, which can be completed online or by post, and the cost would be £80.
This is an account of our experience of going to court against the so called National Guild of removers and storers ltd.
The Solicitors for The So Called Guild have objected to McCrorys Removals Ltd application to the Courts to have the Default Judgment Set Aside, in order to have a chance to submit a defence.
Largely on the grounds that McCrorys have ‘no real prospect of succeeding’
Curiously although the NGRS dismissed McCrorys defence as ‘not even worth considering being worth being heard in a Court of Law, their solicitors later sent an email to us, offering that ‘if we paid their costs’ then they would agree to a hearing!
And in a later email they revealed their ‘Costs’ as being £5,000.
So, our defence was Rubbish, and not worth hearing, but, if we paid up, an invented sum, in advance, then No Problem with our defence… very curious.
We will upload that email offering us the opportunity to Pay Up.
We did of course refuse such an offer, and will continue to refuse to pay a single penny to these people, outside of a courthouse.
Below is a PDF file of the letter from the solicitors.
Particularly interesting is the section dealing with the word Penalty.
The So Called Guild obviously strongly object to McCrorys Removals Ltd mentioning this word, but, we believe that it is entirely appropriate.
Also very interesting is the section at the end of the email, which deals with the subject of ‘indemnity’
This is a really laughable clause that, in effect would mean that whatever the so called Guild did, and however wrongfully they behaved, they would be guaranteed to claim from the ‘wronged’ Member, even their own costs, even if they lost a case in court.
This is certainly not how I would read that clause.
When it reads that the NGRS will not be responsible for any damages, claims, shortcomings etc. I understand that they are trying to avoid ANY responsibility whatsoever, which in itself is dubious.
But, (Hypothetically), imagine that an employee of that company was caught ‘red handed’ setting fire to one of our removal trucks, which burned out, they admitted it and were found guilty in a court of law.
Then imagine, that we, the removal company, because we had signed the Members Rules with that indemnity clause, would still have to pay the guilty partie’s Legal Costs, and also, even have to pay for the Gallon of Petrol that they used to burn the truck.
Now does that sound unreasonable?
Not to CWD/NGRS.
I look forward to having the opportunity of hearing the opinion of a Judge in a Court of Law, explaining to the so called guilds solicitors that any Terms or Conditions of any Contract that can be seen as unreasonable, is unenforceable.
Well that’s our opinion.
Will keep updated.
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